Cross Examining Biomechanics Experts in Minor Impact Trials

Cross Examining Biomechanics Experts in Minor Impact Trials

Cross Examining Biomechanics Experts in Minor Impact Trials

I’m Ed Smith, a Sacramento Personal Injury Attorney. It is common in cases that involve a vehicle collision for the defense attorney to enlist the aid of a biomechanics expert who will argue that the injuries claimed by the victim could not have been caused by the accident. Fortunately, cross examinations provide an opportunity for the plaintiff to counter the defense witness’s damaging testimony. Effective cross examinations require extensive research and preparation, so it is important to retain the services of an experienced personal injury attorney who is familiar with trial strategy and can ultimately help you obtain the compensation you deserve.

Preparing for Cross Examination

It is imperative for the plaintiff and his or her legal team to prepare for a cross examination of any expert witnesses in advance, especially because there are a variety of rules regulating how cross examinations can be conducted. Intensive preparation will also decrease the chances of being surprised or caught off guard by the defense witness’s testimony. Proper preparation requires a variety of steps before trial commences, including:

• Conducting research on the expert to uncover any bias;
• Reviewing earlier opinions offered by the defense expert; and
• Obtaining all accident reconstruction information.

In order to become completely familiar with reconstruction data, the plaintiff must become familiar with a series of details, including:

• The speed of the vehicles;
• The principal direction of force;
• Areas of impact on the vehicles;
• The existence of any evidence of damage to the vehicle; and
• The orientation of the occupant in the vehicle at the time the accident occurred.

Having a thorough understanding of the facts will enable the plaintiff to expose any problematic foundations for the expert’s opinion.

Compiling Documentation

The plaintiff should also be familiar with medical records as they can often be used to show the lack of a preexisting injury. This in turn can more firmly establish that the defense attorney’s opinion that the injuries were not caused by the accident are unfounded. Further steps involved in cross examining a biomechanics expert include:

• Videotaping the deposition;
• Developing a list of concessions for the expert;
• Maintaining a list of records provided to the plaintiff’s expert;
• Retaining copies of the initial medical treatment records;
• Obtaining a stipulation that precludes the expert from offering an ultimate opinion on the relative fault of the parties or causation as both are beyond the scope of the knowledge and experience of a biomechanics expert; and
• Carefully drafting a verdict form.

By following these steps, the plaintiff and his or her legal team will be better prepared for any eventuality.

The testimony of a biomechanics expert can be extremely damaging to a victim’s case, so it is crucial for those involved in a personal injury lawsuit to retain the services of an experienced attorney who can effectively cross examine and counter the expert testimony.

Sacramento Auto Accident and Personal Injury Attorney

I’m Ed Smith, a Sacramento Personal Injury Attorney. If you’ve been hurt in a car, truck or motorcycle accident, please call me today at (916) 921-6400 or (800) 404-5400 for free, friendly advice.

I’ve been helping injured victims and their families recover compensation for their personal injuries and wrongful deaths since 1982.

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Photo Attribution: [Images in the Public domain], via Wikimedia Commons

Source of Cross Examining Biomechanics Experts in Minor Impact Trials – www.autoaccident.com.